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HE Decision V-38-89.pdfN 89x_199 CITY OF EDMOND%'i" 250 5TH AVE. N. - EDMONDS, WA 98020 ® (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION OF HARRISON JEWELL FOR APPROVAL OF A VARIAN"'E LARRY S. NALIGHTEN MAYOR FILE: V-38-89 DECISION: The variance is granted subject to conditions listed. INTRODUCTION Harrison Jewell, 5535 Seaview Avenue NW, Seattle, Washington 98107, (hereinafter referred to as Applicant), requested approval of a variance for a reduction of the required street and side yard setbacks for development on property at 15706 - 75th Place W, Edmonds, Washington 98020. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on December 7, 1989. Because of an error in recording the proceeding was not taped. An additional hearing was held on December 13, 1989. At the hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Harrison Jewell 5535 Seaview Avenue NW Seattle, WA 98107 At the hearing the following exhibits were submitted and were admitted as part of the official record of this proceeding: Exhibit 1 - St,�ff Report 2 - Application/Declarations 3 - Legal Description 4 - Plot Plan 5 - Cross Section 6 - Letter to adjacent property owners 11 7 - Letter to Hearing Examiner �qidpr Cffipr IntprnaflnnAl — Hp4inAn .]An;)n HEARING EXAMINER DECISION RE: V-38-89 12/22/89 Page 2 After due consideration of the evidence presented by the Applicant, and evidence elicited during the public hearing, the following Findings of Fact and Conclusions constitute the basis of the deci- sion of the Hearing Examiner. FINDINGS OF FACTS 1. The application is for the approval of a variance for a re- duction of the required street and side yard setbacks for develop- ment on property located at 15706 - 75th Place W, Edmonds, Washington. (Staff Report) 2. The subject property is zoned RS -20. RS -20 zoned property must have a minimum of a 25 foot street setback, and at least 35 feet of side yard setbacks with a 10 foot minimum on each side. It is from this standard that the Applicant seeks a variance. 3. In order for a variance to be granted within the City of Edmonds, the criteria as set forth in ECDC 20.85.010 must exist. Those criteria include: A. Because of the special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. B. The approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. C. The approval of the variance will be consistent with the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. E. The variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone. HEARING EXAMINER L�CISION RE: V-38-89 12/22/89 Page 3 F. The requested variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. (ECDC) 4. The subject property is an 8,496 square foot lot that has an average width of 45 feet. It is a steep lot that slopes to the west from 75th Place West. 5. Variances for the development of the subject property were granted in 1977, but were never acted upon and have therefore lapsed. 6. It is the intent of the Applicant to construct a garage on the subject property. The variance requested for such con- struction is for a 0 foot street setback, and a 5 foot side yard setback. 7. The Comprehensive Policy Plan Map of the City of Edmonds designates the subject property as low density residential. 8. The street known as 75th Place West fronts the subject property and terminates immediately north of it. At the termi- nation point there is a steep slope above the street. The City has indicated that there are no plans for development of this street. 9. There is no access to the property from the west. The only access is off 75th Place West. 10. Because of the narrowness and steep slope of the lot, and the fact that 75th Place West will not be developed in the near future, special circumstances exist for the grant of a variance. 11. The variance will not be detrimental to the public, nor to nearby private properties or improvements. The Applicant has submitted evidence that the neighboring property owners support the request. 12. The Planning Department of the City of Edmonds recommended approval of the variance, but originally indicated that the Applicant must build a car deck instead of a garage and sign a conditional deed agreeing to dedicate right-of-way should 85th HEARING EXAMINER L-CISION RE: V-38-89 12/22/89 Page 4 Place West ever be developed. The Applicant objected to this condition, indicating that if he did construct a garage on site, he would sign a conditional deed and would remove the garage just as he would a protected carport. 13. The Applicant submitted that a carport will not provide the necessary protection of his vehicles from the elements. 14. The City, upon further review, indicated that the Applicant could develop the site with the proposed garage. 15. No adverse testimony was submitted. CONCLUSIONS 1. The Applicant requested approval of a variance for a reduc- tion of the required street and side yard setbacks for development on property located at 15706 - 75th Place W, Edmonds, Washington. 2. The Applicant seeks a 0 foot street setback and 5 foot side yard setbacks. These setbacks are in excess of the standards as set forth in ECDC 16.20.030. Accordingly, a variance is required. 3. Special circumstances, including the shape of the subject property, the location of the property at the end of a terminated street, and the steep terrain of the general area, exist for the granting of a variance. 4. Based upon the above special circumstances, the grant of the variance will not be the grant of a special privilege to the Applicant. 5. The grant of the variance is consistent with the purposes of the Comprehensive Plan of the City of Edmonds and the low density residential designation because it will provide an adjunct to a single family residence. A 6. In order for a variance to be granted within the City of Edmonds the criteria of ECDC 20.85.010 must be satisfied. The application satisfies these criteria. 7. The requested variance does not pose a significant impact to the public nor to nearby private properties and improvements. HEARING EXAMINER LL-CISION RE: V-38-89 12/22/89 Page 5 8. The requested variance is the minimum variance. DPrTgTnm Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested variance for a reduction of the required street and side yard setbacks for development on property located at 15706 - 75th Place W, Edmonds, Washington is granted subject to the following conditions: 1. The street setback for the detached garage at 15706 - 75th Place W, Edmonds, Washington, is 0 feet. The side yard setbacks shall be 5 feet on the north end of the property and 5 feet on the south end of the property. 2. The Applicant shall obtain a building permit for all improve- ments. 3. In lieu of 10 feet of dedication required by the official Street Map, the Applicant shall file a conditional deed, approved as to form by the Edmonds City Attorney. The deed shall be filed with the Snohomish County Auditor, and it shall state that 10 feet of right-of-way along 75th Place West shall be dedicated to the City at the time of the filing of a resolution of the City Council of the City of Edmonds, requiring the widening of said road. In addition, the conditional deed shall show a clause requiring that no compensation be allowed for the removal of the proposed garage. 4. The variance must be acted upon within one year or it shall expire, unless an extension is granted by the City. Entered this 21st day of December, 1989, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code o the City of Edmonds. /-1 n ES M. DRISCOLL ring Examiner HEARING EXAMINER DLk2ISION RE: V-38-89 12/22/89 Page 6 NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen (14) days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on January 8, 1990. � THIS PACKET SENT TO THE ~~ HEARING EXAMINER ON 12/l/89 EXHIBIT LIST V-38-80 EXHIBIT I - STAFF REPORT EXHIBIT 2 - APPLICATION/DECLARATIONS EXHIBIT 3 - LEGAL DESCRIPTION EXHIBIT 4 - PLOT PLAN EXHIBIT 5 - CROSS-SECTION � ' STAFF REPORT TO THE HEARING EXAMINER 211911�-* U11 HEARING DATE: December 7, 1989 I. REQUESTED ACTION: Variance to reduce the required street and side yard setbacks for proposed residence and detached garage at 15706 75th P1. W., Edmonds. II. APPLICANT: Harrison Jewell 5535 Seaview Ave. N.W. Seattle, WA 98107 III. LEGAL DESCRIPTION: The north 45 feet of Lot 5, Block 28 of the Plat of Meadowdale Beach recorded in Volume 5 of Plats, Page 38, records of Snohomish County, Washington, together with the vacated 75th Ave. W. lying adjacent thereto. IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area The subject property is located on the west side of the 75th P1. W., north of 158th St. S.W. in the north Meadowdale area of Edmonds. The lot contains 8,496 square feet. It is quite narrow (45 feet in width). The property slopes steeply to the west away from 75th P1. W.. The Applicant was granted variances from the side yard setbacks in 1977, under file V-13-77. The variances allowed setbacks of 8 feet on the south and 9 feet on the north. The variance was never acted on. The Applica►t is now seeking variances to reduce the required 25 foot setback from 75th Pl. W. to 0' to allow for a garage and to reduce the side yard setbacks to 5 feet. Code requires a 25 foot street setback and sum of the side yard yards to equal 35 feet. Surrounding development is entirely single family residential. Puget Sound is located to the west. B. Official Street Map Proposed R/W Existing R/W East - 75th P1. W. 60' 50' Staff Report V-38-89 The Official Street Map indicates that a 10 foot dedication is required along 75th Pl. W. C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do appear to exist in this particular case. The property is very narrow and slopes very steeply from the street property line to the west. 2. Special Privilege Based upon the circumstances, the proposed variance does not appear to represent a grant of special privilege. 3. Comprehensive Plan The Comprehensive Policy Plan map designates the subject property as Low Density Residential. The proposed variance does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property is zoned RS -20. The proposed variance does not appear to conflict with the purposes of the zoning ordinance and the RS -20 zone district. 5. Not Detrimental The proposed variance does not appear to pose any significant impact to the public or to any near by private property or improvement. 6. Minimum Variance Based upon the circumstances, the proposed variance does appear to representa minimum variance request. V. STAFF RECOMMENDATION: The proposal appears to meet the variance criteria. Due to the dedication requirement, the parking structure should be a carport rather than an enclosed garage. Should the Hearing Examiner decide to grant V-38-89, the approval should be subject to the following condition: 1. The Applicant shall obtain a building permit for all improvements. Staff Report Page 3 V®38®89 2. In lieu of dedication of the 10 feet required by the Official Street Map, the Applicant file a conditional deed, approved as to form by the City Attorney, with the Snohomish County Auditor stating that the 10 feet of right-of-way along 75th Pl. W. shall be dedicated to the City of Edmonds at the time of filing of a resolution of the City Council requiring the widening of the said road. In addition, the conditional deed shall show a clause requiring that no compensation be allowed for the removal of the proposed carport structure. 3. The variance must be acted upon within one year or it shall expire, unless an extension is granted by the City. CI)/ OF EOM0NDS HEARING EXAMINER -` APPLICATION FOR VARIANCE FILE DATE C2 1:2�7 FE / APO3 HEARING DATE ZONE APPLICANT Harrison and Gail Jewell ADDRESS 5535 Seaview Ave.N.W. CITY & 7IP Seattle- 810PHONE— ' INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Owner OWNER Harrison Jewell ADDRESS 5535 Seaview Ave. ` CITY & 7IP Seattle 98107PHONE 789-1382 LOCATION OR ADDRESS OF PROPERTY_ 15206 75th Pl, klest, E -d —31IL-93-02-0— LEGAL DESCRIPTION OF PROPERTY See attached VARIANCE REQUESTED: e o lot. b) a variance to construct a detached two -car garage DETAILS OF PROPOSED USAGE: ly home. b) orotacted oerkino Harmless The Undersigned applicant, his heirs and aS3iOUS, in consideration for the City processing the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages and/or claims for damages, including reasonable attorneys' fees, arising f any action or iO8CtiOO based in whole or in part upon ,i fl misleading Or i000m"te information furnished by the applicant, his agents or employees. Permission to Enter Subject Property The undersigned applicant grants his, her or its permission for public officials and the staff of the City of Edmonds to enter the SUhieCt property for the VUrpOS8 of inspection and posting attendant to this application. Z-�A, 6:&, `- --i rlicant, Owner '®rRe'pZen�tativW DECLARATIONS OF APPLICANT Please answer all questions 1. What are the physical characteristics, (i.e. topography, shape of lot, etc.) which create a hardship for you in regard to development of your property? a) The lot is 45 feet wide and site standards limit development. b) extremely construction sloped site makes difficult and set -back requirements would place garage 30 feet above grade. 2. How does your property differ from other property in the same vicinity? a) It does not. The property to the south has a 3 foot set -back on its north ..- .- ¢. ..- rt...- ._ - nA r n n r rAr.. July 1986 a variance was granted to. the property to the south fuer 7Prn minimum set -back from the street and construction of a caro t. 3. Will this variance be detrimental to the pu�lic or damaging to other property or improvements in the vicinity? M 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? a) It would be impossible to build on lot. b) The inability to have protected parking. No S. Can you make reasonable use of your property without the variance? No Exhibit 3 lippre,limp)«• • •' THE NORTH 45 FEET OF LOT 5, BLOCK 28 OF THE PLAT OF MEADOWDALE BEACH RECORDED IN VOLUME 5 OF PLATS, PAGE 38, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. TOGETHER WITH A PORTION OF VACATED 75th AVENUE WEST LYING ADJACENT Q � d §s a - r as97Lz.OzV 10'2t7='i Qo OLUO ate, n UJ ZZ ;•• N Q Fz-�OH N ado uj :w ul 111. <0[tzU CC z k. q� Q Q J:O U._.J�c3d' Q Q